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(영문) 울산지방법원 2017.10.12 2017노812
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the charge of interference with business and injury among the facts charged in the instant case) is that the Defendant provided the victim D with an implied store in the C market, and did not interfere with the business of the said D or inflicted an injury on the victim F, who is the child of the said D. However, the lower court erred by misapprehending the facts, thereby convicting the Defendant of this part of the facts charged.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the grounds for appeal

A. On the following grounds, the court below was justified in finding the Defendant guilty of interference with business and injury among the facts charged of this case, and there is no error of misconception of facts.

1) At the time of the instant crime, the Defendant, under the influence of alcohol, was a signboard construction work in front of the implied store, and the victim F, the victim’s son, who was the victim D’s son, was the victim D’s obscing to the above bath theory, and was the victim F, which was the victim’s body. The Defendant and the victim F, who was the victim, went beyond the same body fighting (Evidence Nos. 35,59 through 61 of the evidence record) by following the two (Evidence Nos. 35, 59 through 61). The victim D, in the court of the lower court, “F first puts the Defendant’s neck and drinking,” and the Defendant also fighted his body.

The Defendant had been able to satise with the Defendant’s first of all, “I am flat, I am flat with the Defendant’s hand.” From a relatively objective point of view, the Victim F stated the process of physical fighting (the trial record 36,38 pages. 3) from the investigative agency to the lower court’s court, that the Defendant was flatd with his flat.

A consistent statement was made (the 43th page of the trial records, the 35th page of the evidence records), and the examination of “satis and tensions before the fluence,” which require approximately two weeks of treatment from the members of the Department of Janesthesia pains on the ground of the pains of wood.

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